Jury deliberations in the trial of Daniel Penny continue Monday as former Manhattan prosecutor Jeremy Saland weighs in on the possible outcomes and next legal steps in the case.

“The two real only outcomes that are realistic at this point—is there going to be a mistrial or not? Meaning that you don’t have all the jurors to convict, even if you have one to acquit,” Saland said on “Mornings On 1.” “Alternatively, there will be a conviction on the criminal negligent homicide [charge], where there’s no mandatory incarceration and up to one-and-a-third to four years in prison.”

The jury has been deliberating since Tuesday on whether Penny should be held criminally responsible for the death of Jordan Neely, who died after Penny held him in a chokehold for about six minutes on a subway train in May 2023.

On Friday, the jury informed Judge Maxwell Wiley twice that they were deadlocked and could not reach a unanimous decision on the manslaughter charge. To avoid a mistrial, Wiley dismissed the manslaughter charge, something Saland described as “surprising.”

“That the prosecution wanted to go that path and thereby leaving the lesser charge of criminal negligent homicide up to the jury, that move isn’t necessarily typical. It happens, but no one is surprised by the overall issues that were going on in that jury,” Saland said.

If Penny is convicted on the lesser charge, Saland said Penny's legal team is likely to pursue an appeal. He also noted that Penny faces additional legal challenges regardless of the criminal trial’s outcome.

“Even if Penny survives this and there’s an acquittal or a mistrial, he still now has to fight the civil suit separately, once that gets moving,” Saland said.

Jordan Neely ’s father, Andre Zachary, filed a civil suit Wednesday against Penny, accusing him of negligence, assault and battery, leading to the death of his son. Zachary is seeking a judgment awarding damages “in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction,” according to the lawsuit.